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KENYA ELECTRICITY GENERATING COMPANY LIMITED

KGN -SONDU-11-2013 TENDER FOR DESIGN, MANUFACTURE, TEST AND SUPPLY ASSORTED GENERATOR AND TURBINE BEARINGS COOLERS FOR TURKWEL POWER STATION
Kenya Electricity Generating Company Ltd Stima Plaza, Kolobot Road, Parklands P.O BOX 47936, 00100 NAIROBI. Website: www.kengen.co.ke

November 2013

Design, Manufacture, Testing and supply of Generator air Coolers and Upper guide/thrust Bearing coolers For Sondu Power Station

TABLE OF CONTENTS
Section A Section B Section C Section D Section E Section F Section G Section H Section I Section J Section K Section L INVITATION TO TENDER INSTRUCTIONS TO TENDERERS GENERAL CONDITIONS OF CONTRACT SPECIAL CONDITIONS OF CONTRACT TECHNICAL SPECIFICATIONS PRICE SCHEDULE AND REQUIREMENTS TENDER FORM TENDER SECURITY FORM CONTRACT FORM PERFORMANCE SECURITY FORM MANUFACTURERS AUTHORIZATION FORM 3 4 18 23 28 34 37 38 39 40 41

MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE 42 DRAWINGS 46

Section M

2 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION A INVITATION TO TENDER


The Company invites sealed tenders from eligible candidates for the Design, manufacture, test and supply Assorted Generator and Turbine bearing coolers for Turkwel power station whose specifications are detailed in the Tender Documents. Interested firms may obtain further information from, and inspect the Tender Document at the office of the Supply Chain Manager, Tel: (254) (020) 3666000, Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke, gogwang@kengen.co.ke c.c: jgesaka@kengen.co.ke Where the tender document may be collected upon payment of a non-refundable fee of KShs.1,000.00 paid in cash or through a bankers cheque at any KenGen finance office. The document can also be viewed and downloaded from the website www.kengen.co.ke, and the Bidders who download the tender document from the website must forward their particulars immediately for records and any further tender clarifications and addenda. Downloaded copies are FREE.

Tenders MUST be accompanied by a Bid Security in the form and amount specified in the Tender Document, and must be delivered to: Company Secretary/Legal & Corporate Affairs Director Kenya Electricity Generating Company Ltd. 7th Floor, Stima Plaza Phase III Kolobot Road, Parklands P.O. Box 47936 - 00100 NAIROBI, KENYA On or before: 25th November 2013 at 2.00 p.m. Tenders will be opened on 25th November 2013 at 2.30 p.m. in the presence of tenderers' representatives who choose to attend in the Executive Room, 7th Floor, Stima Plaza Phase III.

SUPPLY CHAIN MANAGER

3 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION B INSTRUCTIONS TO TENDERERS INTRODUCTION


1. Eligible Tenderers
1.1 This Invitation for Tenders is open to all tenderers eligible as described in the tender document. Tenderers shall complete the design, manufacture and supply of generator and Turbine bearings coolers for Turkwel Power Station by the intended date specified in the tender documents.

1.2 Tenderers shall provide the qualification information statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of Spare parts for goods under this Invitation for tender. 1.3 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices. 2. Eligible Goods 2.1 All Goods to be supplied under the contract shall have their origin in eligible source countries 2.2 For purposes of this clause, origin means the place where the generator air coolers and Turbine Bearings coolers for Turkwel Power Station are produced. 2.3 The origin of the Goods is distinct from the nationality of the tenderer. 3. Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the Kenya Electricity Generating Company Limited, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process. 4. The Tender Document Contents. 4.1 The tender document comprises the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders. (i) Invitation for Tenders (ii) Instructions to tenderers (iii) General Conditions of Contract (iv) Special Conditions of Contract (v) Schedule of Requirements & Technical Specifications (vi) Tender Form and Price Schedules (vii) Tender Security Form (viii) Contract Form (ix) Performance Security Form (x) Manufacturers Authorization Form 4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to furnish all information required by the tender documents or to
4 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender. 5.Clarification of Documents 5.1 A prospective tenderer requiring any clarification of the tender document may notify the Procuring entity in writing, email or by cable (hereinafter, the term cable is deemed to include facsimile) at the entitys address indicated in the Invitation for tenders. The Procuring entity will respond in writing to any request for clarification of the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the Procuring entity. Written copies of the Procuring entity response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderer that have received the tender document. 6.Amendment of Documents 6.1 At any time prior to the deadline for submission of tenders, the Procuring entity, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by amendment. 6.2 All prospective candidates that have received the tender documents will be notified of the amendment in writing or by cable, and will be binding on them. In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, the Procuring entity, at its discretion, may extend the deadline for the submission of tenders.

6.3

Preparation of Tenders
7. Language of Tender 7.1 The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchanged by the tenderer and Procuring entity, shall be written in English language, provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern. 8.Documents Comprising the Tender 8.1 The tender prepared by the tenderer shall comprise the following components: (a) A Tender Form and a Price Schedule completed in accordance with paragraph 9,10 and 11 below (b) documentary evidence established in accordance with paragraph 12 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) documentary evidence established in accordance with paragraph 13 that the Goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and (d) tender security furnished in accordance with paragraph 14

5 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

9.Tender Form 9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule furnished in the tender documents, indicating the Goods, to be supplied, a brief description of the goods, their country of origin, quantity, and prices. 10.Tender Prices 10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tender price of the Design, manufacture, testing and supply of generator and Turbine coolers for Turkwel Power Stations it proposes to supply under the contract. 10.2 Prices indicated on the Price Schedule shall be entered separately in the following manner: i. The price of the goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable: Charges for inland transportation, insurance, and other local costs incidental to delivery of the generator air coolers to their final destination.

ii.

10.3 Prices quoted by the tenderer shall be fixed during the Tenders performance of the contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph 22. 11.Tender Currencies 11.1 Prices shall be quoted in the following currencies: (a) For Goods that the tenderer will supply from within Kenya, the prices shall be quoted in Kenya shillings; and For Goods that the tenderer will supply from outside Kenya, the prices shall be quoted in US dollars or in another freely convertible currency acceptable to the local banks.

(b)

12. Tenderers Eligibility and Qualifications. 12.1 Pursuant to paragraph 1 of section B, the tenderer shall furnish, as part of its tender, documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted.

12.2 The documentary evidence of the tenderers eligibility to tender shall establish to the Procuring entitys satisfaction that the tenderer, at the time of submission of its tender, is from an eligible source country as defined under paragraph I of section B. 12.3 The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall establish to the Procuring entitys satisfaction: (a) that, in the case of a tenderer offering to supply Goods under the contract which the tenderer did not manufacture or otherwise produce, the tenderer has been duly authorized by the Goods Manufacturer or producer to supply the goods; that the tenderer has the financial, technical, and production capability necessary to
6 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

(b)

perform the contract; (c) that, in the case of a tenderer not doing business within Kenya, the tenderer is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderers maintenance, repair, and spare parts stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.

13. Goods Eligibility and Conformity to Tender Document. 13.1 Pursuant paragraph 2 of this section, the tenderer shall furnish, as part of its tender, documents establishing the eligibility and conformity to the tender documents of all Goods which the tenderer proposes to supply under the contract. 13.2 The documentary evidence of the eligibility of the Goods shall consist of a statement in the Price Schedule of the country of origin of the Goods and services offered which a certificate of origin issued at the time of shipment. 13.3 The documentary evidence of conformity of the generator and Turbine coolers for Turkwel Power station to the tender documents may be in the form of literature, drawings, and technical data, and shall consist of: A detailed description of the essential technical and performance characteristics of the Goods (b) A list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods for a period of two (2) years, following commencement of the use of the goods by the Procuring entity; and (c) A clause-by-clause commentary on the Procuring entitys Technical Specifications demonstrating substantial responsiveness of the goods and services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications. 13.4 For purposes of the commentary to be furnished pursuant to paragraph 13.3(c) above, the tenderer shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Procurement entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The tenderer may substitute alternative standards, brand names, and/or catalogue numbers in its tender, provided that it demonstrates to the Procurement entitys satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications. 14.Tender Security 14.1 The tenderer shall furnish, as part of its tender, a Tender Security of Kes. 200,000.00 (Two Hundred Thousand shillings only) 14.2 The tender security is required to protect the Procuring entity against the risk of Tenderers conduct which would warrant the securitys forfeiture, pursuant to paragraph 14.7 14.3 The tender security shall be denominated in Kenya Shillings or in another freely convertible currency, and shall be in the form of a bank guarantee or a bank draft issued by a reputable bank located in Kenya or abroad, in the form provided in the tender documents or another form acceptable to the Procuring entity and valid till 25th March 2014
7 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

(a)

14.4 Any tender not secured in accordance with paragraph 14.1 and 14.3 will be rejected by the Procuring entity as non-responsive, pursuant to paragraph 22. 14.5 Unsuccessful Tenderers tender security will be discharged or returned as promptly as possible as but not later than thirty (30) days after the expiration of the period of tender validity prescribed by the Procuring entity. 14.6 The successful Tenderers tender security will be discharged upon the tenderer signing the contract, pursuant to paragraph 30, and furnishing the performance security, pursuant to paragraph 31. 14.7 The tender security may be forfeited: (a) if a tenderer withdraws its tender during the period of tender validity specified by the procuring entity on the Tender Form; or in the case of a successful tenderer, if the tenderer fails: (i) (ii) To sign the contract in accordance with paragraph 30 or To furnish performance security in accordance with paragraph 31.

(b)

15. Validity of Tenders 15.1 Tenders shall remain valid for 90 days or as specified in the tender documents after date of tender opening prescribed by the Kenya Electricity Generating Company Limited, pursuant to paragraph 18. A tender valid for a shorter period shall be rejected by the Procuring entity as non responsive. 15.2 In exceptional circumstances, the Procuring entity may solicit the Tenderers consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The tender security provided under paragraph 14 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender. 16.Format and Signing of Tender 16.1 The tenderer shall prepare THREE copies of the tender, clearly marking each ORIGINAL TENDER and COPY OF TENDER, as appropriate. Tenderers are further advised to provide a soft copy in PDF format of their bid document in an electronic device (CD ). In the event of any discrepancy between them, the original shall govern. 16.2 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract. The latter authorization shall be indicated by written power-of-attorney accompanying the tender. All pages of the tender, except for un-amended printed literature, shall be initialed by the person or persons signing the tender. 16.3 The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person or persons signing the tender.
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Submission of Tenders
17.Sealing and Marking of Tenders 17.1 The tenderer shall seal the original and each copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope. 17.2 The inner and outer envelopes shall : (a) be addressed to the Procuring entity at the following address: Company Secretary, Legal & Corporate Affairs Director Kenya Electricity Generating Co. Ltd. 7th Floor, Stima Plaza Phase III, kengen Wing. Kolobot Road, Parklands P O Box 47936-00100 NAIROBI, KENYA. Bear, TENDER FOR DESIGN, MANUFACTURE, TEST AND SUPPLY GENERATOR AND TURBINE BEARINGS COOLERS FOR TURKWEL POWER STATION The Invitation for tender (IFT), and the words: DO NOT OPEN BEFORE, 25TH NOVEMBER 2013 AT 2.30 P.M. The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late. 17.3 If the outer envelope is not sealed and marked as required by paragraph 17.2, the Procuring entity will assume no responsibility for the tenders misplacement or premature opening. 18.Deadline for Submission of Tenders 18.1 Tenders must be received by the Procuring entity at the address specified under paragraph 17.2 not later than 25th November 2013 at 2.00 p.m. 18.2 The Procuring entity may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 6, in which case all rights and obligations of the Procuring entity and candidates previously subject to the deadline will thereafter be subject to the deadline as extended. 19.Modification and Withdrawal of Tenders 19.1 The tenderer may modify or withdraw its tender after the tenders submission, provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by the Procuring prior to the deadline prescribed for submission of tenders. 19.2 The Tenderers modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph 17. A withdrawal notice may also be sent by cable, but followed by a signed confirmation copy, postmarked no later than the deadline for submission of tenders.

9 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

19.3 No tender may be modified after the deadline for submission of tenders. 19.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderers forfeiture of its tender security, pursuant to paragraph 14.7

Opening and Evaluation of Tenders


20. Opening of tenders. 20.1 The Procuring entity will open all tenders in the presence of tenderers representatives who choose to attend,on 25th November 2013 at 2.30 p.m. 7th floor, Executive Room, Stima Plaza, Phase III, Kolobot Road, Parklands. The tenderers representatives who are present shall sign a register evidencing their attendance. 20.2 The tenderers names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as the Kenya Electricity Generating Company Limited, at its discretion, may consider appropriate, will be announced at the opening. 20.2The Procuring entity will prepare minutes of the tender opening. 21.Clarification of Tenders 21.1 To assist in the examination, evaluation and comparison of tenders the Procuring entity may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted. 21.2 Any effort by the tenderer to influence the Procuring entity in the Procuring entitys tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender. 22. Preliminary Examination 22.1 The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order.(see Appendix on criteria set for this tender at the end of this section) 22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail. 22.3 The Procuring entity may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any tenderer.
10 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

22.4 Prior to the detailed evaluation, pursuant to paragraph 23, the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entitys determination of a tenders responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. 22.5 If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the nonconformity. 23. Evaluation and Comparison of Tenders 23.1 The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 22. 23.2 The Procuring entitys evaluation of a tender will exclude and not take into account: a. In the case of Goods manufactured in Kenya or Goods of foreign origin already located in Kenya, sales and other similar taxes, which will be payable on the Goods if a contract is awarded to the tenderer; and

b.Any allowance for price adjustment during the period of execution of the contract, if provided in the tender. 23.3 The comparison shall be of the ex-factory/ex-warehouse/off-the-shelf price of the Goods offered from within Kenya, such price to include all costs, as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the Goods, 23.4 The Procuring entitys evaluation of a tender will take into account, in addition to the tender price and the price of incidental services, the following factors, in the manner and to the extent indicated in paragraph 23.5 and in the technical specifications: (a) (b) (c) (d) (e) (f) (g) (h) delivery schedule offered in the tender; deviations in payment schedule from that specified in the Special Conditions of Contract; the cost of the cooler, mandatory spare parts (like sealing material, cooling tubes) and service; the availability in Kenya of Goods and after-sales services for the equipment offered in the tender; The design drawings of the said equipments The capacity of the cooler (anything lower than the stated value will be rejected) The Material construction of the Cooler The manufacturers brochures included on top of e above.

23.5 Pursuant to paragraph 23.4 the following evaluation methods will be applied:

11 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

(a)

Delivery schedule. (i) The Procuring entity requires that the Goods under the Invitation for Tenders shall be delivered at the time specified in the Schedule of Requirements. Tenders offering deliveries longer than the procuring entitys required delivery time will be treated as non-responsive and rejected.

(b)

Deviation in payment schedule. Tenderers shall state their tender price for the payment of schedule outlined in the special conditions of contract. Tenders will be evaluated on the basis of this base price. Tenderers are, however, permitted to state an alternative payment schedule and indicate the reduction in tender price they wish to offer for such alternative payment schedule. The Procuring entity may consider the alternative payment schedule offered by the selected tenderer.

(c)

Spare parts and after sales service facilities. Tenderers must offer items with service and spares parts back-up. Documentary evidence and locations of such back- up must be given. Where a tenderer offers items without such back-up in the country, he must give documentary evidence and assurance that he will establish adequate back-up for items supplied.

24.Contacting the Procuring entity 24.1 Subject to paragraph 21, no tenderer shall contact the Procuring entity on any matter relating to its tender, from the time of the tender opening to the time the contract is awarded. 24.2 Any effort by a tenderer to influence the Procuring entity in its decisions on tender evaluation, tender comparison, or contract award may result in the rejection of the Tenderers tender.

Award of Contract
25.Post-qualification 25.1 In the absence of pre-qualification, the Procuring entity will determine to its satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily. 25.2 The determination will take into account the tenderer financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph 12.3, as well as such other information as the Procuring entity deems necessary and appropriate. 25.3 An affirmative determination will be a prerequisite for award of the contract to the tenderer. A negative determination will result in rejection of the Tenderers tender, in which event the Procuring entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderers capabilities to perform satisfactorily.
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26.Award Criteria 26.1 Subject to paragraph 10,23 and 28 the Procuring entity will award the contract to the successful tenderer(s) whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender, provided further that the tenderer is determined to be qualified to perform the contract satisfactorily. 27.Procuring entitys Right to Vary quantities 27.1 The Procuring entity reserves the right at the time of contract award to increase or decrease the quantity of the generator air coolers originally specified in the Schedule of requirements without any change in unit price or other terms and conditions. 28. Procuring entitys Right to Accept or Reject Any or All Tenders 28.1 The Procuring entity reserves the right to accept or reject any tender, and to annul the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected tenderer or tenderers. 29.Notification of Award 29.1 Prior to the expiration of the period of tender validity, the Procuring entity will notify the successful tenderer in writing that its tender has been accepted. 29.2 The notification of award will constitute the formation of the Contract.

30. Signing of Contract


30.1 At the same time as the Procuring entity notifies the successful tenderer that its tender has been accepted, the Procuring entity will send the tenderer the Contract Form provided in the tender documents, incorporating all agreements between the parties. 30.2 Within thirty (30) days of receipt of contract form, the successful tenderers shall sign and date the contract and return it to the preparing entity. 31.Performance Security 31.1 Within Fifteen (15) days of the receipt of notification of award, the successful tenderer shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the tender documents, or in another form acceptable to the Procuring entity. 31.2 Failure of the successful tenderer to comply with the requirement of paragraph 30 or paragraph 31 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event the Procuring entity may make the award to the next lowest evaluated Candidate or call for new tenders 32. Corrupt Fraudulent Practices 32.1 The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts. In pursuance of this policy, the Procuring entity:(a) defines, for the purposes of this provision, the terms set forth below as follows: (i) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or
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in contract execution; and (ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring entity, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Procuring entity of the benefits of free and open competition;

(b)

will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded any contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.

(c)

32.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions of Contract. APENDIX: Criteria for Preliminary examination and mandatory requirements. Subject to clause 22, the criteria for evaluation will be among others will be as shown in below table. Tenderers are required to provide necessary documentary evidence as required and tick the space provided to indicate compliance.
No 1 2 3 4 5 6 7 8 9 10 Item Company proof of incorporation (attach certified copy of Incorporation/ Registration) Evidence of payment for the tender document (official receipt if not downloaded) Tender Security/Bid bond of Kes. 200,000.00 Bank Guarantee valid 25th March 2014 Duly completed Price Schedule, Signed and Stamped with date on every page. Duly completed Tender Form, Signed and Stamped with date. Copy of valid Tax Compliance Certificate(Local Suppliers) Notarized Power of Attorney for the person(s) signing the tender on behalf of the tenderer. Provide phone number (s) and email address (es) for the person(s) signing the tender on behalf of the tenderer. Physical Registered Office Address (Attach proof of ownership/lease/rental etc) Duly Filled and signed Mandatory Confidential Business Questionnaire Tick Where Provided

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SIMILAR WORKS List of similar coolers manufacturing works and their value and duration of completion undertaken within the last eight years. (Attach award letter and certificate of completion of at least two (2) of those works) complete as per format below in separate sheet. 11

Project name

Name of client and contact person

Type Year of contract coolers completion(attac (Air & Oil) h award and completion certificates)

Value of Contract (USD)

12

Names with full telephone contacts email addresses, physical addresses and reference letters from of at least two (2) previous Clients offered similar services. Reports on financial standing of the company/firm including profit and loss statements, balance sheets and auditors reports reported within the last 2 Years of the date of the tender document. (For companies or firms that are registered or incorporated within the last one calendar year of the Date of the Tender Document, they should submit certified copies of bank statements covering a period of at least six months prior to the date of the tender document. The copies should be certified by the Bank issuing the statements. The certification should be original).

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14 15 16 17

Copy of Valid ISO 9001:2008 standard (or Equivalent) certification Provision of brochures or any detailed literature material illustrating your coolers (Air & Oil) manufactures process.
Duly completed Technical Specifications compliance tables (pages 35-36), Signed and Stamped with date on every page. Any other document or item required by the Tender Document that is nonfinancial. (The Tenderer shall specify such other documents or items it has submitted)

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SECTION C GENERAL CONDITIONS OF CONTRACT 1.Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) The Contract means the agreement entered into between the Procuring entity and the tenderer, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations. The Goods means the generator air coolers and Turbine oil coolers for Turkwel Power Station, and/or other materials, which the tenderer is required to supply to the Procuring entity under the Contract. The Procuring entity means the organization purchasing the Goods under this Contract. The tenderer means the individual or firm supplying the Goods under this Contract.

(b)

(c)

(d) (e) 2. 2.1

Application These General Conditions shall apply in all Contracts made by the Procuring entity for the procurement of goods. Country of Origin For purposes of this Clause, origin means the place where the Goods were mined, grown, or produced. The origin of Goods and Services is distinct from the nationality of the tenderer. Standards The Goods supplied under this Contract shall conform to the standards mentioned in the General Conditions. Use of Contract Documents and Information The Candidate shall not, without the Procuring entitys prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring entity in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract. The tenderer shall not, without the Procuring entitys prior written consent, make use of any document or information enumerated in paragraph 5.1 above. Any document, other than the Contract itself, enumerated in paragraph 5.1 shall remain the property of the Procuring entity and shall be returned (all copies) to the Procuring entity on completion of the Tenderers performance under the Contract if so required by the Procuring entity.
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3. 3.1

3.2 4. 4.1

5. 5.1

5.2

5.3

Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

6. 6.1

Patent Rights The tenderer shall indemnify the Procuring entity against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the Procuring entitys country. Performance Security Within fifteen (15) days of receipt of the notification of Contract award, the successful tenderer shall furnish to the Procuring entity the performance security in the amount specified in Special Conditions of Contract.

7. 7.1

7.2 The proceeds of the performance security shall be payable to the Procuring entity as compensation for any loss resulting from the Tenderers failure to complete its obligations under the Contract 7.3 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Procuring entity and shall be in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or abroad, acceptable to Procuring entity, in the form provided in the tender documents. The performance security will be discharged by the Procuring entity and returned to the Candidate not later than thirty (30) days following the date of completion of the Tenderers performance obligations under the Contract, including any warranty obligations, under the Contract. Inspection and Tests The Procuring entity or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications. The Procuring entity shall notify the tenderer in writing, in a timely manner, of the identity of any representatives retained for these purposes. The inspections and tests may be conducted on the premises of the tenderer or its subcontractor(s), at point of delivery, and/or at the Goods final destination. If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring entity. Should any inspected or tested Goods fail to conform to the Specifications, the Procuring entity may reject the Goods, and the tenderer shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the Procuring entity. The Procuring entitys right to inspect, test and, where necessary, reject the Goods after the Goods arrival shall in no way be limited or waived by reason of the Goods havi ng previously been inspected, tested, and passed by the Procuring entity or its representative prior to the Goods delivery. Nothing in paragraph 8 shall in any way release the tenderer from any warranty or other obligations under this Contract. Certificate of conformity
17 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

7.4

8. 8.1

8.2

8.3

8.4

8.5

8.6

8.6.1 All consignments subject to Pre-Export Verification of Conformity (PVoC) to Standards Programme must obtain a Certificate of Conformity (CoC) issued by PVvoC Country Offices Prior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya; Consignments arriving at Kenyan Ports without this document will be denied entry into the Country. 8.6.2 Since PvoC is a conformity assessment process to verify that products imported to Kenya are in compliance with the applicable Kenya standards or approved equivalents, regulations and technical requirements before shipment, it is the sole responsibility of the supplier (ie exporter) to demonstrate the same and hence meet any associated costs of verification. 9. 9.1 Packing The tenderer shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract.

9.2

10. Delivery and Documents 10.1 Delivery of the Goods shall be made by the tenderer in accordance with the terms specified by Procuring entity in its Schedule of Requirements and the Special Conditions of Contract 11. Insurance 11.1 The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in the Special conditions of contract 12. Payment 12.1 The method and conditions of payment to be made to the tenderer under this Contract shall be specified in Special Conditions of Contract. 12.2 Payments shall be made promptly by the Procuring entity as specified in the contract. 13. Prices 13.1 Prices charged by the tenderer for Goods delivered and Services performed under the Contract shall not, with the exception of any price adjustments authorized in Special Conditions of Contract, vary from the prices by the tenderer in its tender. 14. Assignment 14.1 The tenderer shall not assign, in whole or in part, its obligations to perform under this Contract, except with the Procuring entitys prior written consent. 15. Subcontracts 15.1 The tenderer shall notify the Procuring entity in writing of all subcontracts awarded under this Contract if not already specified in the tender. Such notification, in the original tender or later, shall not relieve the tenderer from any liability or obligation under the Contract. 16. Termination for Default 16.1 The Procuring entity may, without prejudice to any other remedy for breach of Contract, by
18 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

written notice of default sent to the tenderer, terminate this Contract in whole or in part: (a) if the tenderer fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the Procuring entity. if the tenderer fails to perform any other obligation(s) under the Contract. if the tenderer, in the judgment of the Procuring entity has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

(b) (c)

16.2 In the event the Procuring entity terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, Goods similar to those undelivered, and the tenderer shall be liable to the Procuring entity for any excess costs for such similar Goods. 17. Liquidated Damages 17.1 If the tenderer fails to deliver any or all of the goods within the period(s) specified in the contract, the procuring entity shall, without prejudice to its other remedies under the contract, deduct from the contract prices liquidated damages sum equivalent to 0.5% of the delivered price of the delayed goods up to a maximum deduction of 10% of the delayed goods. After this the tenderer may consider termination of the contract. 18. Resolution of Disputes 18.1 The procuring entity and the tenderer shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract. 18.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute, either party may require adjudication in an agreed national or international forum, and/or international arbitration. 19. Language and Law 19.1 The language of the contract and the law governing the contract shall be English language and the Laws of Kenya respectively unless otherwise stated. 20. Force Majeure 20.1 The tenderer shall not be liable for forfeiture of its performance security, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

19 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION D SPECIAL CONDITIONS OF CONTRACT


1. Definitions a. Goods means Design, manufacture, testing and supply of generator air coolers and Turbine Bearings oil coolers for Turkwel power station, The Procuring entity is Kenya Electricity Generating Company Limited, Stima Plaza, Kolobot Road, Parklands, P.O. Box 47936 - 00100 GPO, Nairobi. Kenya And includes the Purchaser's legal representatives successors or assigns. 2. Applications

b.

2.1 The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. 3. 3.1. 3.2. 3.3. Performance Security The Performance Security shall be in the amount of 10% of the total Contract Price The Procuring Entity shall not be required to demonstrate the loss it has suffered. Performance Security shall be valid for a minimum of 60 days after shipment in case of Foreign Suppliers and a minimum of 30 days after delivery in case of Local Suppliers. Performance Security for Foreign Suppliers shall be discharged by the Procuring Entity and returned to the Suppliers not earlier than 60 days after the date of shipment. For Local Suppliers it shall be discharged after proof, of satisfactory delivery and acceptance of the goods under the contract

3.4.

4.

Payment Terms & Conditions

The credit period shall be:-

4.1(a) for local suppliers, Kenya Electricity Generating Company's payment terms are 30
days upon receipt of certified invoices, and delivery notes confirming that the invoiced material has been delivered, and is in accordance with the contract.

20 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

b) For overseas suppliers, payments shall be effected upon presentation of a complete set of shipping documents to the advising bank as will be stipulated in the Letter of Credit (LC) 4.2 (a) For Local Suppliers Payment shall be made through Kenya Electricity Generating Company's cheque Telegraphic transfer for the amount of contract. The terms shall be:(i.) Strictly Delivered and Duty Paid (DDP), to KenGen Sondu Power Station stores. (b) For Foreign Suppliers Payment shall be through an LC under the following conditions:(i) The supplier shall be required to meet all LC bank charges incurred in their country, while KenGen shall meet those incurred in Kenya (ii) Any extension and or amendment charges and other costs that may result from the Suppliers delays, requests, mistakes or occasioned howsoever by the Supplier shall be to the Beneficiarys account. (iii) The maximum number of LC extensions shall be limited to a maximum of two (2) only, but not exceeding one quarter (3 months) each, at the cost of the beneficiary. (i) Should the Supplier require a confirmed LC, then all confirmation and any other related charges levied by both the Suppliers and Procuring Entitys bank shall be to the Beneficiarys account.

(v) The LC shall be opened only for the specific Order within the validity period of the contract (vi) LCs shall be partial for partial deliveries or full for one delivery as per the contract. (vii) The Supplier shall be required to submit a Proforma invoice for each lot or schedule for use in the placement of order and opening of the LC. The Proforma Invoice shall be on total Cost and Freight (CFR) basis. KenGen will meet the Insurance cost for the consignment. (viii) A copy of the Performance Security, stamped and certified as authentic by the Procuring entity, whose expiry date should not be less than 30 days from the LC expiry date, shall form part of the documents to be presented to the Bank before any payment is made.

(c) Advance Payment Advance Payment is not applicable. 5. Inspection and Tests 5.0 Kenya Electricity Generating Company Limited or its representative shall have the right to inspect and test the coolers to confirm their conformity to the Contract specifications.

21 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

Kenya Electricity Generating Company Limited shall notify the tenderer in writing, in a timely manner, of the identity if any representatives for these purposes. The Company may at its own discretion require to inspect the facilities of the tenderer after opening of the tender and before the award of the tender. The Kenya Electricity Generating Company Limited shall have a representative who shall be the Western Hydro Manager or any other Engineer he may appoint to act on his absence or may appoint a foreign consultant. (a) The representative may at his discretion inspect the work in progress and his recommendations shall be implemented by the contractor, the tender specification not withstanding. Such alteration as in (a) above shall be in writing and shall be valid.

(b) 5.1

Test Procedures 30 days after the award of the tender, the tenderer shall be required to submit to the Kenya Electricity Generating Company Limited representative a comprehensive and detailed description of the methods to be used in:(a) Pressure testing of Cooler Unit (b) Determination of the cooling capacity of the cooler unit by way of calculation and/or otherwise. (c) Any other tests or parameters critical to the performance of the coolers.

5.2

Test Verifications While the contract is in progress, the Kenya Electricity Generating Company Limited representative may by notifying the contractor within reasonable notice period, require to be present when the following tests are done: (a) Pressure testing of cooler unit. (b) Determination of cooling capacity of the cooler unit. (c) Any other tests or parameters critical to the performance for the coolers.

6. Drawing, Specifications and Data The technical data supplied by Kenya Electricity Generating Company Limited in the Contract schedules or elsewhere in these documents, forms part of the technical specification. The Kenya Electricity Generating Company Limited drawings which form part of the technical specification are attached as listed in Section M. All drawings, specifications and data supplied by Kenya Electricity Generating Company Limited subsequent to the award of contract, which cover changes in the work, extra work, or which supplement existing drawings, specification and data shall upon issue form part of the contract documents. The drawings and specifications shall be deemed to be complementary to each so that if anything is shown in the drawing but not mentioned in the specification, or vice versa, it
22 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

shall be furnished and built as though specifically set forth in both. In case of conflict between the specification and the drawings, the specification shall govern. 7. Materials All materials shall be new. Castings shall be free from flaws and imperfections and shall be machined true to a fine finish. The Kenya Electricity Generating Company Limited shall be the sole judge of the quality of the materials and workmanship and its decision shall be binding upon the contractor. Procedures for repairs or any similar operations involving plugging, welding or addition of metal to the original casting or forging or plate, shall be submitted to the Engineer, together with drawings showing details and locations of such modifications. The engineers approval shall be obtained before any such repair is performed. Shop tests of the castings shall be made by and at the expense of the Contractor. Materials so tested, not conforming to the standard specified, may be rejected. If a fabricated cooler is offered, all welds shall be fully penetrated and furnace stress relieved. The cooler shall have sufficient strength to support its own weight when placed on the shop floor. The contour of the cooler frame and pipe edges shall be rounded and smooth to avoid sharp edges. The contractor shall submit the following records as a package to Kenya Electricity Generating Company Limited as part of the inspection report. (a) Tube sheet thickness. (b) Specific material construction of the cooler (c) Cooling tubes inside diameters If within 12 months after installation any parts of the coolers are found defective because of poor workmanship or material, the Contractor shall, at their expense, repair or replace the fault to the satisfaction of the Kenya Electricity Generating Company Limited. The tenderer shall undertake to guarantee the quality of work and the warranty period shall therefore be clearly stated in the prices schedule. 8. Welding Only certified welders shall be employed for welding and brazing. Only certified fitters shall be employed for fixing the coolers to the end frames. The Company shall submit its welding procedures to the Kenya Electricity Generating Company Limited for approval prior to starting any work. The procedure shall include the following: (i) (ii) (iii) (iv) (v) Weld geometry Welding sequence Preheat, inter-pass temperatures and post heat Stress relieving Heat treatment
23 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

Non-destructive examination shall be carried out in the following stages of manufacture. (1) (2) (3) Finished welds After excavation of defects After stress relieving

Defects in welds shall not be allowed. 9. Sole Risks The work shall be at the sole risk of the Contractor against loss or damage up to and including the date of delivery to the delivery point. It shall in no way be implied or inferred that this arrangement limits the Contractors responsibility in respect to the material supplied, workmanship and performance of the work. 10. Location and Transportation The coolers shall be delivered by the sea to the Port of Mombasa, Kenya from where Kenya Electricity Generating Company Limited will collect them. Any other mode of transportation shall be clearly stated. The coolers shall be packed in crates suitable for container sea freight to prevent contamination and/or damage. 11. Manufacturers Authorization For goods that the supplier or manufacturer does not manufacture, the Manufacturers authorization form must be submitted in the manufacturers letterhead Technical Specification AND Schedule of Requirements
Notes Applicable to All Schedules: 1. The Goods to be supplied must be new, unused and of the latest design. 2. Relevant descriptive literature of the Goods showing conformity to the technical specifications shall be provided with the bid. Irrelevant literature downloaded from the Internet shall not be accepted. 3. A tenderer may quote for supply of any or all the schedules. Each schedule quoted for must be COMPLETE in order to qualify as responsive. Each schedule will be evaluated and awarded independently. 4. The delivery period for all items shall be six (6) months or less. Delivery must be for a complete schedule. Partial delivery shall not be accepted. 5. Documentary evidence to prove that the items offered comply with the specifications/standards given below

Equivalency of Standards and Codes


Wherever reference is made in the Technical Specifications to specific standards and codes to be met by the goods and materials to be furnished or tested, the provisions of the latest current edition or revision
24 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

of the relevant shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national or relate to a particular country or region, other authoritative standards that ensure substantial equivalence to the standards and codes specified will be acceptable. Where appropriate, drawings, including site plans as required, may be furnished by the Purchaser with the bidding documents. Similarly, the Supplier may be requested to provide drawings or samples either with its bid or for prior review by the Purchaser during contract execution.

6. Tenderers must indicate on the specifications sheets whether the materials offered comply with each specified requirement. 7. The equipment to be supplied shall not be less than those required in these specifications since they are replacement coolers. Deviations from the basic requirements, if any, shall be explained in detail in writing with the offer, with supporting data and literature. KenGen reserves the right to reject the products, if such deviations shall be found critical to the use it is intended for. 8. Where a proprietary name has been used to describe a cooler, any other model which meets the stated performance and dimensional characteristics shall be accepted. 9. The tenderers are requested to present information along with their offers as follows: 10. Shortest possible delivery period for the items. 11. Information on proper representative for back-up service, including the agents names and addresses if applicable. 12. Physical dimensions of the coolers with details of flange diameters, tube diameters and lengths, to enable determination of whether the equipment can fit within the existing plant lay out. 13. Cooler heat transfer performance values, cooler casing and tube material 14. The goods shall be warranted for a period of 12 months from the date of receipt 15. The warranty shall cover material defects, workmanship, and geometry of the coolers under normal operating conditions and parameters.

1.

Standards
All equipment and materials shall be designed, manufactured and tested, in accordance with the latest edition of the following standards and codes, unless specifically excluded elsewhere in this specification.

i. ii. iii.

ANSI/ASHRAE Standard 90.1 -2001. ISO14001:2004 ISO9001:2008

25 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

If this specification conflicts in any way with any of the above standards the Tenderer shall point out these conflicts in the Tender clearly specifying the same with proposal on the impact of the conflict for analysis. 4. Characteristic and Performance

PERFORMANCE REQUIREMENT

18.

OPERATION AND MAINTENANCE MANUALS

i) Contents of Instruction Manual The manual shall contain the following information. Title of equipment, station name, equipment rating. KENGEN purchase order, requisition and Manufacturers reference numbers. This information shall appear on the outside of the binder and on the first page. Table of content the manual shall be sectionalized and numbered sequentially. List of drawings and summaries, by number and title including serial numbers of equipment to which the manuals are applicable. Storage instruction indoor, outdoor and special information for equipment lay away.

Testing-Functional testing, dielectric testing, operating instructions, operating limits, starting up instructions, complete with sketching or drawing shall be provided. A separate set of record sheets showing measurements and tolerances for each test for separate items of equipment shall be provided. Dismantling, repair, settings, inspection. Maintenance instructions for dismantling the equipment, repair instructions and settings of critical clearances and adjustments, complete with photographs and sketches or drawings, special tools shall be clearly described if any. Guide to inspection / monitoring frequency

Trouble shooting procedures shall be provided. ii) Tender Drawings The information and drawing submitted with the Tender shall include the following for each of the coolers. Description literature of construction and operation of the cooler. Complete schedule of technical information.

26 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

iii)

Outline drawings showing overall dimensions of the cooler, flange sizes, hole sizes, heat dissipation performance curves etc Materials for the various parts of the cooler Maximum shipping weight, etc. Type test certificate for similar equipment. Recommended maintenance intervals

Drawings for equipment The Tenderer shall provide a complete set of approved drawings specific to the equipment being supplied showing dimensions and tolerances of the major components and assemblies. For convenience, a set of drawings, reduced to page size, shall be bound in the Manual.

iv) Transportation All markings shall be legible and weatherproofed. Where tags are used, they shall be durable, securely attached and duplicated. SCHEDULE A: TURBINE BEARING OIL COOLER- (1 No.) TURBINE BEARING OIL COOLER Tube Internal Diameter (mm) 8 Tube Length (mm) 755 No. Of Tubes 290 Water Pressure (Bar) 3.5 Water Flow Rate(L/Min) 172 O Incoming Water Temperature ( c) 25 Working Oil Pressure (Bar) 4 Oil Flow Rate (L/min) 190 O OIL TEMPERATURE ( c) 65 Water Flow Inside The Tubes Oil Flow Outside Of The Tubes Dimensions & Other Information See Appendix 1 SCHEDULE B: GENERATOR LOWER GUIDE BEARING OIL COOLER - (2 No.) GENERATOR LOWER GUIDE BEARING OIL COOLER TUBE INTERNAL DIAMETER(mm) 8 TUBE LENGTH (mm) 1160 No. Of Tubes 152 Water Pressure(Bar) 3.5 Water Flow rate (L/Min) 172 Incoming Water Temperature (Oc) 25 Working Oil Pressure (Bar) 4 Oil Flow (L/min) 190 O Oil Temperature ( c) 60 Water Flow Inside The Tubes Oil Flow Outside Of The Tubes Dimensions & Other Information See Appendix 2

27 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SCHEDULE C: GENERATOR THRUST BEARING OIL COOLER - (2 No.) GENERATOR THRUST BEARING OIL COOLER Tube Internal Diameter(mm) 12 No. Of Tubes 152 Tube Length (mm) 2168 Water Pressure(Bar) 3.5 Water Flow (L/Min) 5.5 O Incoming Water Temperature ( c) 25 Working Oil Pressure (Bar) 9 Oil Flow (L/min) 11 Oil Temperature (Oc) 75 Water Flow Inside The Tubes Oil Flow Outside Of The Tubes Dimensions & Other Information See Appendix 3 SCHEDULE D: GENERATOR AIR COOLER ( 6 No.) Tube Internal Diameter (mm) 14 No. Of Tubes 96 Water Operating Pressure(Bar) 3.5 Incoming Water Temperature (Oc) 25 3 Water Flow Rate M /Hour 32.5 3 Air Flow Rate M /Hour 22212 Air Inlet Temperature Oc 65 Water Flow Inside The Tubes Air Flow Outside Of The Tubes Dimensions & Other Information See Appendix 4

SCHEDULE A: TURBINE BEARING OIL COOLER- (1 No.) TURBINE BEARING OIL COOLER Specification Tube Internal Diameter (mm) Tube Length (mm) No. Of Tubes Water Pressure (Bar) Water Flow Rate Incoming Water Temperature (Oc) Working Oil Pressure (Bar) Oil Flow Rate OIL TEMPERATURE (Oc)

Details of offer

SCHEDULE B: GENERATOR LOWER GUIDE BEARING OIL COOLER - (2 No.) GENERATOR LOWER GUIDE BEARING OIL COOLER Specification Details of offer Tube Internal Diameter(mm) Tube Length (mm) No. Of Tubes Water Pressure(Bar)
28 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

Water Flow (L/Min) Incoming Water Temperature (Oc) Working Oil Pressure (Bar) Oil Flow (L/min) Oil Temperature (Oc) SCHEDULE C: GENERATOR THRUST BEARING OIL COOLER - (2 No.) GENERATOR THRUST BEARING OIL COOLER Specification Tube Internal Diameter(mm) No. Of Tubes Tube Length (mm) Water Pressure(Bar) Water Flow (L/Min) Incoming Water Temperature (Oc) Working Oil Pressure (Bar) Oil Flow (L/min) Oil Temperature (Oc)

Details of offer

SCHEDULE D: GENERATOR AIR COOLER ( 6 No.) Specification Details of offer Tube Internal Diameter (mm) No. Of Tubes Water Operating Pressure(Bar) Incoming Water Temperature (Oc) Water Flow Rate M3/Hour Air Flow Rate M3/Hour Air Inlet Temperature Oc Tenderers are advised to complete technical details in tables above and in case of variance use the format below to record the same variance. MEDIA OIL / AIR COOLING WATER Bidders Offer Clear Value Bidders Clear (compliant/Not addition Offer Value Technical Specifications Compliant/Co Deviations( (compliant/N addition mments} Not for ot Deviations( evaluation) Compliant/Co Not for mments} evaluation)

29 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION F PRICE AND SCHEDULE OF REQUIREMENTS


SCHEDULE A: GENERATOR TURBINE BEARING OIL COOLER. ( 1 NO)

1 Item Description 1.

3 Country of origin

2.

4.

Design, manufacture, testing and delivery of Turbine Bearing Oil Cooler. Supply of design drawings and As Built drawings and Operation and Maintenance Manuals and instructions All other items not specified but necessary to complete the supply. A separate list of these items to be attached.

4 5 Unit of Quantit Sale y EACH 1

6 Unit Price

7 Total Price

1 LOT

1 LOT

TOTAL FOB PRICE Discount (%) if any Other associated Charges (if any) Sea freight charges to Mombasa port TOTAL COST AND FREIGHT (CFR) Mombasa port Country of Origin Currency of Tender Delivery Period Warranty period: (12 Months minimum )- Indicate clearly offer SCHEDULE B: GENERATOR LOWER GUIDE BEARING OIL COOLER ( 2 No) 1 2 3 4 5 6 7 Country Unit of Qty Unit Price Total Price Item Description
of origin Sale

1.

3.

4.

Design, Manufacture, Testing and delivery of generator lower guide bearing oil cooler. Supply of design drawings and As Built drawings and Operation and Maintenance Manuals and instructions All other items not specified but necessary to complete the supply. A separate list of these items to be attached. TOTAL FOB PRICE Discount (%) if any Other associated Charges (if any) Sea freight charges to Mombasa port

EACH LOT

2 1

1 LOT

30 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

TOTAL COST AND FREIGHT (CFR) Mombasa port Country of Origin Currency of Tender Delivery Period Warranty period: (12 Months minimum )- Indicate clearly offer SCHEDULE C: GENERATOR THRUST BEARING OIL COOLER - (2 No.) 1 2 3 4 5 6 Item Description Country Unit of Quantity Unit of origin Sale Price 1. Design, Manufacture, Testing and EACH 2 delivery of Generator Thrust Bearing Oil Cooler . 2. Supply of design drawings and As 1 Built drawings and Operation and LOT Maintenance Manuals and instructions 3. All other items not specified but 1 necessary to complete the supply. A LOT separate list of these items to be attached. TOTAL FOB PRICE Discount (%) if any Other associated Charges (if any) Sea freight charges to Mombasa port TOTAL COST AND FREIGHT (CFR) Mombasa port Country of Origin Currency of Tender Delivery Period Warranty period: (12 Months minimum )- Indicate clearly offer SCHEDULE D: GENERATOR AIR COOLER ( 6 No.) 1 2 3 4 5 Item Description Country Unit of Quantity of origin Sale 1. Design, Manufacture, Testing and EACH 6 delivery of generator Air coolers. 2. Supply of design drawings and As 1 Built drawings and Operation and LOT Maintenance Manuals and instructions 3. All other items not specified but 1 necessary to complete the supply. A LOT separate list of these items to be attached. TOTAL FOB PRICE Discount (%) if any
31 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

7 Total Price

6 Unit Price

7 Total Price

Other associated Charges (if any) Sea freight charges to Mombasa port TOTAL COST AND FREIGHT (CFR) Mombasa port Country of Origin Currency of Tender Delivery Period Warranty period: (12 Months minimum )- Indicate clearly offer Summary of price quoted. ITEM NO SCHEDULE

TOTAL COST (CURRENCY)

1 2 3 4 5

Schedule A Schedule B Schedule C Schedule D Grand Total Transferred to tender form

TENDERERS NAME: ____________________________________________________ TENDERERS SIGNATURE: ______________________________________________ COMPANYS RUBBER STAMP: ___________________________________________ DATE:__________________________________________________________________ Note: In case of discrepancy between unit price and total, the unit price shall prevail.

32 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION G TENDER FORM


Date: _______________________ To: Kenya Electricity Generating Company Stima Plaza Phase III, Kolobot Road, Parklands P.O. Box 47946-00100, NAIROBI, Kenya.

Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda nos. the receipt of which is hereby duly acknowledged, we, the undersigned, offer to Design, manufacture, test and supply Assorted Generator and Turbine bearing coolers for Turkwel power station in conformity with the said tender documents for the sum of (figures) ................................................................................................... (words) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10% percent of the Contract Price for the due performance of the Contract, in the form prescribed by Kenya Electricity Generating Company Limited. 4. We agree to abide by this Tender for a period of 90 days from the date fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us. 1. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this ________________day of ________________ 2013.

[signature]

[in the capacity of]

Duly authorized to sign tender for and on behalf of

33 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION H TENDER SECURITY FORM


(To be in the Banks letterhead) Whereas. [Name of the tenderer] (hereinafter called the tenderer) has submitted its tender dated ..[date of submission of tender] for the Design, manufacture, test and supply Assorted Generator and Turbine bearing coolers for Turkwel power station [name and/or description of the goods] (hereinafter called the tender) . KNOW ALL PEOPLE by these presents that WE. OF .. having our registered office at (Hereinafter called the Bank), are bound unto Kenya Electricity Generating Company (KenGen. hereinafter called the Procuring entity) in the sum of . for which payment well and truly to be made to the said Procuring entity, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this _____ day of _________2013. THE CONDITIONS of this obligation are: 1. If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer on the Tender Form; or If the tenderer, having been notified of the acceptance of its Tender by the Procuring entity during the period of tender validity: (a) (b) Fails or refuses to execute the Contract Form, if required; or Fails or refuses to furnish the performance security, in accordance with the Instructions to tenderers;

2.

We undertake to pay to the Procuring entity up to the above amount upon receipt of its first written demand, without the Procuring entity having to substantiate its demand, provided that in its demand the Procuring entity will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to 25th March 2014, and any demand in respect thereof should reach the Bank not later than the above date.

[Signature of the bank]

34 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION I CONTRACT FORM


THIS AGREEMENT made the _____ day of __________ 2013 between Kenya Electricity Generating Company Limited of Kenya (hereinafter called the Procuring entity) of the one part and of. [City and country of tenderer] (Hereinafter called the tenderer) of the other part: WHEREAS the Procuring entity invited tenders for certain goods, viz Design, manufacture, test and supply Assorted Generator and Turbine bearing coolers for Turkwel power station and has accepted a tender by the tenderer for the supply of those goods in the sum of . [Contract price in words and figures] (Hereinafter called the Contract Price) NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.: 3. (a) the Tender Form and the Price Schedule submitted by the tenderer; (b) the Schedule of Requirements; (c) the Technical Specifications; (d) the General Conditions of Contract; (e) the Special Conditions of Contract; and (f) The Procuring entitys Notification of Award. 4. In consideration of the payments to be made by the Procuring entity to the tenderer as hereinafter mentioned, the tenderer hereby covenants with the Procuring entity to provide the goods and to remedy defects therein in conformity in all respects with the provisions of the Contract 5. The Procuring entity hereby covenants to pay the tenderer in consideration of the provision of the goods and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract. 6. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written. Signed, sealed, delivered by Signed, sealed, delivered by In the presence of______________ the ________ (for the Procuring entity) the (for the tenderer)

35 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION J PERFORMANCE SECURITY FORM


(To be on the guaranteeing Banks letterhead) To: Kenya Electricity Generating Company Limited Stima Plaza Phase III, Kolobot Road, Parklands P.O. Box 47936-00100 NAIROBI, KENYA

WHEREAS ... [Name of tenderer] (Hereinafter called the tenderer) has undertaken, in pursuance of Contract No.____________ [reference number of the contract] dated ____________ 2013 Design, manufacture, test and supply Assorted Generator and Turbine bearing coolers for Turkwel power station (hereinafter called the Contract). AND WHEREAS it has been stipulated by you, in the said Contract, that the tenderer shall furnish you with a bank guarantee by a reputable bank, for the sum specified therein as security; for compliance with the Tenderers performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the tenderer a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the tenderer, up to a total of (Figures) .................................................................................................................. (words) and we undertake to pay you, upon your first written demand declaring the tenderer to be in default under the Contract and without cavil or argument, any sum or sums within the limits of.. [Amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the _____ day of __________2013 Signature and seal of the Guarantors

[Name of bank or financial institution]

[Address]

[Date]

36 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION K MANUFACTURERS AUTHORIZATION FORM


(To be with a manufacturers Letterhead) To: Kenya Electricity Generating Company Limited Stima Plaza Phase III, Kolobot Road, Parklands P.O. Box 47936-00100 NAIROBI, KENYA

WHEREAS . [Name of the Manufacturer] who are established and reputable manufacturers of Generator Air coolers and Turbine Bearings Coolers having factories at [Address of factory] do hereby authorize . [Name and address of Agent] to submit a tender, and subsequently negotiate and sign the Contract with you against tender No.. [Reference of the Tender] for the above goods manufactured by us. We hereby extend our full guarantee and warranty as per the General Conditions of Contract Design, manufacture, test and supply Assorted Generator and Turbine bearing coolers for Turkwel power station offered for supply by the above firm against this Invitation for Tenders.

[Signature for and on behalf of Manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent.

37 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION L MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE


(Must be filled by all applicants or tenderers who choose to participate in this tender) Name of Applicant (S) . You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever applies to your type of business. Part 2 (d) to part 2(i) must be filled. You are advised that giving wrong or false information on this Form will lead to automatic disqualification / termination of your business proposal at your cost. Part 1 General Business Name:......Certificate of Incorporation / Registration No. . Location of business premises: Country .... Physical address .Town .. Building Floor. Plot No. .Street / Road ... Postal Address Postal / Country Code. Telephone Nos Fax Nos. . E-mail address Website Contact Person (Full Names) Direct / Mobile Nos. .. Title Power of Attorney (Yes / No) If Yes, attach written document. Nature of Business (Indicate whether manufacturer, distributor, etc) .....

(Applicable to Local suppliers only) Local Authority Trading License No. Expiry Date .. Value Added Tax No... Value of the largest single assignment you have undertaken to date (US$/KShs) Was this successfully undertaken? Yes / No. .(If Yes, attach reference) Name (s) of your banker (s) .... Branches . Tel Nos. .. Part 2 (a) Sole Proprietor Full names ....... Nationality .. Country of Origin ...... *Citizenship details ..... Company Profile . (Attach brochures or annual reports in case of public companies) Part 2 (b) Partnerships Give details of partners as follows: Full Names Nationality 1. . 2. 3.

Citizenship Details . . ..

Shares ... ....

.
38

Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

Company Profile .(Attach brochures) Part 2 (c) Registered Company Private or public . Company Profile .(Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company Nominal KShs ... Issued KShs ... List of top ten (10) shareholders and distribution of shareholding in the company. Give details of all directors as follows:Full Names Nationality Citizenship Details Shares 1.. .. 2 3 4 . ...... ...... ......

Part 2 (d) Debarment I/We declare that I/We have not been debarred from any procurement process and shall not engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen and any other public or private institutions. Full Names Signature . Dated this .day of 2013. In the capacity of Duly authorized to sign Tender for and on behalf of . Part 2 (e) Criminal Offence I/We, (Name (s) of Director (s)):a) ... b) .... c) d) have not been convicted of any criminal offence relating to professional conduct or the making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of procurement proceedings. Signed . For and on behalf of M/s .. In the capacity of Dated this day of .2013. Suppliers / Companys Official Rubber Stamp . Part 2 (f) Conflict of Interest I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement: a) b)
39 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

c) d) For and on behalf of M/s .. In the capacity of . Dated this day of .2013 Suppliers / Companys Official Rubber Stamp . Part 2 (g) Interest in the Firm: Is there any person / persons in KenGen or any other public institution who has interest in the Firm? Yes / No? .. (Delete as necessary) Institution . . (Title) (Signature) (Date) Part 2(h) Experience Please list here below similar projects accomplished or companies / clients you have supplied with similar items or equipments in the last two (2) years. Company Name Country Contract/ Order No. Value

1.. 2. 3.

. ... . ... ....

Contact person (Full Names) . E-mail address. Cell phone no . (Note: The person should be at the level of director) *Attach proof of citizenship * Attach certified copies of the following documents: a) Previous orders from companies supplied before b) Certificate of Incorporation / Registration c) Tax Compliance Certificate (for local suppliers) d) VAT Certificate (for local suppliers) e) Audited Financial Statements / Accounts for the last two (2) years f) Valid Local Authority / Trade License (for local suppliers) *The above documents should be submitted if they are applicable to bidder. Part 2(i) Declaration I / We, the undersigned state and declare that the above information is correct and that I / We give Kenya Electricity Generating Company Limited authority to seek any other references concerning my / our company from whatever sources deemed relevant, e.g. Office of the Registrar of Companies, Bankers, etc. Full names Signature. For and on behalf of M/s .. In the capacity of . Dated this day of .2013. Suppliers / Companys Official Rubber Stamp

40 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

SECTION M DRAWINGS AND PICTURES(appendices)

Appendix 1

Appendix 2

41 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

Appendix 3

42 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

43 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

APPENDIX 4

44 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

APPENDIX 4

45 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

APPENDIX 4
46 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

47 Tender for Design, manufacturer, test, supply and deliver Assorted Coolers for Turkwel Power station.

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